Microsoft Violated Ill. Privacy Law by Collecting Uber Drivers’ Facial Scans, Class Action Alleges

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action claims Uber drivers have periodically been required to use Microsoft’s Real Time ID Check facial recognition technology to verify their identities without first being informed of or consenting to the collection of their biometric information.

The lawsuit alleges Microsoft has infringed upon Illinois residents’ privacy rights, in particular those of Uber drivers, by collecting geometric facial templates through its face application programming interface (API)—by way of the ride-haling company’s app—without meeting the requirements of the state’s Biometric Information Privacy Act (BIPA).

“Each instance when Plaintiff and the other Class members interacted with Defendant’s Face API by using Uber’s mobile application, Defendant captured, collected, stored, and/or used Plaintiff’s and the other Class members’ facial geometry and face print biometric identifiers without valid consent and without complying with and, thus, in violation of BIPA,” the complaint alleges.

According to the case, Uber has since 2016 integrated into its ride-sharing platform Microsoft’s face API as a means to verify drivers’ identities. When an individual signs up to be an Uber driver, they are asked to provide a profile picture featuring their face or a picture from their driver’s license, the suit explains. Drivers are then periodically asked to verify their identities by taking a “selfie” picture through the Uber app that is then compared with the original picture they provided to the company, the lawsuit says.

The suit alleges, however, that Uber’s “Real Time ID Check,” unbeknownst to drivers, works by providing a picture of the individual to Microsoft’s API, which then extracts the driver’s facial biometrics to build a geometric template that is then compared against the template from their original picture. Per the suit, Microsoft has failed to obtain proper consent and provide required disclosures to Illinois Uber drivers before collecting and storing their biometric data.

The lawsuit more specifically claims the defendant has violated the Illinois BIPA by failing to obtain Uber drivers’ consent to collect their biometric information; failing to publish a publicly available retention policy and guidelines for how and when the data will be destroyed; and unlawfully profiting from the use of drivers’ biometric information.

The lawsuit looks to represent all individuals whose biometric information was collected, captured, stored, transmitted, disseminated or otherwise used by Microsoft Corporation as part of Uber’s Real Time ID Check within Illinois during the applicable statute of limitations period.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s newsletter here.